Washington State: 1998: Defense of Marriage Statute

In 1996, the Hawai’i Circuit Court decided Baehr v. Miike holding that the state’s ban on same-sex marriage violated the equal protection clause of the Hawai’i Constitution. Conservatives feared that same-sex couples from any state could soon marry in Hawai’i, and then return home to assert marital rights in their home state under Article IV of the Federal Constitution. To prevent this, legislators in many states pushed for statutes banning same-sex marriage. Conservative Washington legislators introduced bills prohibiting same-sex marriage in 1996, 1997, and 1998. Governor Gary Locke vetoed the 1997 and 1998 bills. In 1998, proponents threatened to pass an alternate bill with a referendum clause. To avoid a public vote, several Democrats changed position and voted to override the veto. Some Democrats feared a violent public debate. Others hoped to win back seats in the Legislature, and did not want to defend gay marriage during a difficult campaign. The Revised Code of Washington was amended in 1998 to prohibit same-sex marriage.

Legislative history of Washington’s statute prohibiting same-sex marriage. (Click image for full text.)